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(영문) 청주지방법원충주지원 2017.11.08 2017가단20725
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. E, based on the introduction of F on February 24, 2012, KRW 140 million, the actual purchase price of KRW 1322 square meters (hereinafter “instant land”) from G was KRW 120 million.

Preparation of a purchase contract and payment of the purchase price, but the transfer registration was not completed.

B. On May 31, 2012, E, upon introduction by F, sold 61 square meters of the instant land to Defendant D in the amount of KRW 110 million (hereinafter “instant sales contract”); around that time, E received the down payment of KRW 20 million; on July 4, 2012, the remainder of the instant land in the amount of KRW 61 square meters is sold to Defendant C in the amount of KRW 120 million (hereinafter “instant second sales contract”); and around that time, the remainder of the instant land in the amount of KRW 661 square meters was sold to Defendant C in the amount of KRW 120 million (hereinafter “instant second sales contract”); and around that time, received down payment of KRW 30 million.

C. As to the instant real estate on August 16, 2012, the registration of the establishment of a neighboring mortgage to the Cheongju District Court, Cheongju District Court, etc., was completed on August 17, 2012, as the receipt of the maximum debt amount of KRW 200 million on August 17, 2012, G, and Defendant C of the said real estate.

(hereinafter referred to as the "mortgage of this case") d.

F received from Defendant D the remainder of KRW 90 million under the instant sales contract, and paid KRW 20 million to E, and embezzled the remainder of KRW 70 million under the instant sales contract. Defendant C embezzled all of the remainder of KRW 70 million under the instant sales contract.

E. In order to resolve criminal complaints regarding KRW 140,000,000 for the above embezzlement, F drafted on April 17, 2013 a written agreement with Plaintiff A, Defendants, I, and I (hereinafter “instant agreement”). The main contents of the said agreement are as follows.

2. F confirms that the Defendants are liable to pay the sum of KRW 140 million in total, each of which is KRW 70 million, and the Plaintiff A and I agree that the Defendants of F shall be jointly and severally liable to pay the above obligations.

3. To perform the above payment obligation, Plaintiff A shall pay in cash the amount of KRW 140 million until May 17, 2013.

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